Can My Boss Make Me Work on a Public Holiday? (Your Rights)

Under section 114 of the Fair Work Act 2009, you have the right to be absent from work on a public holiday. That's the default position — it's a day off, and your employer needs a good reason to ask you to come in.

But here's where it gets real. Your employer can request you to work on a public holiday, and you can refuse — but both the request and the refusal have to be reasonable. If the request is reasonable and your refusal isn't, you could be in strife. If the request is unreasonable, you're within your rights to say no and stay home.

The whole thing hinges on what counts as "reasonable," which we'll get into. But the key point is this: you are not automatically required to work public holidays just because your boss says so. You've got genuine legal protections here.

Section 114(4) of the Fair Work Act sets out the factors for working out whether a request — or a refusal — is reasonable. There's no single test. The Fair Work Commission looks at the full picture:

• The nature of your workplace — a hospital or servo obviously needs staff on public holidays more than an accounting firm
• Your role — if you're the only qualified person to do a critical task, the request carries more weight
• Your personal circumstances — family commitments, caring responsibilities, religious observance, travel plans already booked
• How much notice you were given — being told the day before is dodgy; being rostered weeks in advance is more reasonable
• Whether you'd get penalty rates or other compensation — if you're being paid properly for the day, that weighs in favour of reasonableness
• What your contract, award, or enterprise agreement says — some awards specifically address public holiday work requirements

So if you're a nurse in a hospital and you've been rostered for Easter Sunday with six weeks' notice and full penalty rates, that's a pretty reasonable request. If you're an office worker whose boss decides on Wednesday arvo that everyone's coming in on the Monday public holiday — that's a lot harder to justify.

The same factors apply in reverse when deciding if your refusal is reasonable. Saying "nah, I just don't feel like it" probably won't cut it. But "I've got family commitments I arranged months ago" absolutely can.

If you do work on a public holiday, you need to be paid properly. Most awards require penalty rates of between 200% and 300% of your base rate for public holiday work. Some common examples:

• General Retail Industry Award — 225% for full-time and part-time; 250% for casuals
• Hospitality Industry (General) Award — 225% for full-time and part-time; 250% for casuals
• Fast Food Industry Award — 225% for full-time and part-time; 250% for casuals
• Clerks — Private Sector Award — 250% for all employees

These rates are minimums. Your enterprise agreement or contract might set higher rates, but it can't go below what the award says.

If your employer is asking you to work a public holiday but not paying the correct penalty rate, that's a Fair Work Act breach. Full stop. Use our public holiday rates calculator to suss out exactly what you should be getting.

Also worth knowing: some awards give you the option of taking a substitute day off instead of penalty rates. Check your specific award to see if that applies to you.

This is where heaps of people get confused. The rules work differently depending on whether you're permanent (full-time or part-time) or casual.

Permanent employees get paid their normal base rate for public holidays they don't work — it's a paid day off. If the public holiday falls on a day you'd normally work, you get paid for it without having to show up. If you do work, you get penalty rates on top.

Casual employees don't get paid for public holidays they don't work. But here's the thing — casuals still have the same right to refuse an unreasonable request to work on a public holiday. Just because you're casual doesn't mean your boss can force you in.

If a casual does work on a public holiday, they get the public holiday penalty rate, which already has the casual loading baked in (that's why casual rates on public holidays are usually higher — 250% instead of 225% under most awards).

One more thing: if you're a regular casual who always works Mondays and Monday is a public holiday, your employer can't just cancel your shift to avoid paying penalty rates. That's a sham move, and the Fair Work Ombudsman takes a dim view of it.

Alright, so you've been asked to work a public holiday and you reckon the request is unreasonable. Here's how to handle it without torching your relationship with your boss.

Step 1: Check your award or EA. Some awards specifically say you can be required to work public holidays if certain conditions are met. If your award says it and the conditions are met, you've got less room to move. Use our penalty rates tool to find your specific award provisions.

Step 2: Put your refusal in writing. Don't just tell your boss verbally. Send an email or text that says something like: "Hi [name], thanks for the roster. I'm not available to work on [date] due to [reason]. Under section 114 of the Fair Work Act, I believe my refusal is reasonable because [brief explanation]." Keep it polite and factual.

Step 3: Give your reasons. The more specific and genuine your reasons, the stronger your position. Family events, pre-booked travel, caring responsibilities, religious observance — these all carry weight.

Step 4: Know your protections. Your employer cannot sack you or take adverse action against you for exercising a workplace right under section 340 of the Fair Work Act. If they threaten you or punish you for a reasonable refusal, that's unlawful — and you can take it to the Fair Work Commission.

If your employer insists and you genuinely believe the request is unreasonable, you can contact the Fair Work Ombudsman on 13 13 94 for advice before the public holiday arrives. Don't wait until after the fact.

Australia doesn't have a single national list of public holidays. There are 8 national public holidays under the NES, but each state and territory adds its own on top. Some quick ones people miss:

• Melbourne Cup Day — only applies in the Melbourne metro area (not all of Victoria)
• Recreation Day — northern Tasmania only (first Monday in November)
• Reconciliation Day — ACT only (27 May)
• Royal Queensland Show (Ekka) — Brisbane area only

Your award or enterprise agreement might also specify substituted public holidays — where the day off shifts to a different day (for example, if Christmas falls on a Saturday, the Monday might become the public holiday).

If you're not sure which public holidays apply to your workplace, check the Fair Work Ombudsman's public holiday page — they've got a tool where you punch in your state and it tells you exactly which days you're entitled to off.

Bottom line: you've got real rights around public holidays. Don't let anyone tell you otherwise. Check your award, know your entitlements, and if something smells off, get advice.